Mayor: Work on Phoenix Center requires Pontiac's permission

PONTIAC -- Work was again being done Saturday on the Phoenix Center by neighboring office buildings, and the city's mayor said no permit was pulled.

"They start this stuff on the weekend, when they think our building department won't catch them. They know they need permits, and that's why they do it on the sly like this," said Mayor Leon Jukowski, referring to the Ottawa Towers.

The office buildings' ownership has sued the city to prevent the demolition of the Phoenix Center. On Friday, Oakland County Circuit Judge Michael Warren found the city and Emergency Manager Lou Schimmel in contempt after the city cleared out about 300 cars parked in the Phoenix Center on June 11 after finding work, including jackhammering, being done on the structure without a permit.

Warren also denied a motion by the city to temporarily modify a preliminary injunction he granted Nov. 30.

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Workers in the Ottawa Towers were again allowed to park cars in the Phoenix Center on June 18 after a meeting between city building officials and attorneys from both sides.

Jukowski said work was being done on the approach to the south side of the parking garage, and the building department instructed the contractor not to pour any cement until permits have been obtained.

"This is typical behavior from these guys," the mayor said. "They simply think that they don't have to follow the rules and regulations for everyone else."

Will Koski, the Ottawa Towers' building manager, said a concrete contractor was working on Saturday.

"My concrete guy was out there working -- yes, that's correct," Koski said. "I don't know if he did or did not have a permit. He apparently got the impression he didn't need a permit."

On Friday, Ottawa Towers attorney Michelle Harrell said the city hasn't maintained the parking garage, and that work is being done to ensure the "comfort and safety of our tenants and visitors."

Koski said the foreman is going to the city on Monday to explain what's being done.

"I believe that on Monday they'll go and get a permit. What they're doing is very routine," he said. "The sidewalk was almost impossible to walk on and was a safety hazard."

Warren's Friday ruling that the city and Schimmel are in contempt also said that the city is responsible for damages, reasonable attorney fees and costs. The Ottawa Towers' attorney has estimated that number at $50,000.

The work being done that led to cars being kicked out of the Phoenix Center and the structure being declared unsafe for occupancy earlier this month was the repairing of snapped tension cables.

"I find it ironic that the city is being sanctioned because the plaintiffs chose to work without permits," Jukowski said. "The city did what they would have done to any other property owner that was caught doing that magnitude of work on their building without permits."

On Friday, the Ottawa Towers' attorney said they would apply for building permits for work on the city-owned parking garage.

"We don't believe a permit's required, but we've applied for one, because we think that's the simplest way to keep the peace," attorney Harrell said Friday. She couldn't be reached for comment late Saturday.

Schimmel announced plans to demolish the Phoenix Center on July 5, 2012, citing $8.1 million in repairs and upkeep needed on the structure during the next 10 years. He has said the Phoenix Center costs the city about $175,000 annually.

Koski said he wants to resolve the situation amicably.

"We're here for the long haul, and I really want to work with the city on this and get this behind us, and of course, I want to improve the parking structure. It's a beautiful thing," he said.